Hartford Fire Ins Co v. Gray Corp

Filing 920080605

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED
No. 07-60513
June 5, 2008 Charles R. Fulbruge III Clerk

HARTFORD FIRE INSURANCE COMPANY Plaintiff - Appellee v. PRIDE CONSTRUCTION INC Defendant - Appellant

Appeal from the United States District Court for the Northern District of Mississippi

Before REAVLEY, BENAVIDES, and OWEN, Circuit Judges. PER CURIAM:* The district court's preliminary injunction order requiring Pride Construction, Inc. to post collateral is affirmed. Pride is bound by its indemnity agreement to pay Hartford on demand the amount necessary to protect against all losses or expenses when Hartford determines that liability exists. There is ample evidence of the liability and potential difficulty in collecting the amount from Pride in this suit. The court's order is within its authority and discretion. All outstanding motions are denied. AFFIRMED.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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